In Judge Kozinski's dissent, he makes an attack not just on #WavTrump, but on the Establishment Clause issue in the *new* Hawaii case /3
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Expect the government to cite Kozinski's point (as well as Bybee's dissent, which is more on the caselaw) at every turn to support E.O. /12
And if this case makes it to #SCOTUS, framing it as free speech campaign issue appeals directly to Kennedy, conservatives /13
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Kozinkski is a former Kennedy clerk by the way. All in all, this dissent matters. A lot. 14/14 <End>
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@rickhasen I respect Kozinski but this is a bad argument. Original and interesting but bad. -
Kozinski is generally fantastic, even when he is wrong. But Berzon is quite correct, this is BS.
End of conversation
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@rickhasen It's not a violation of free speech to take someone's words seriously.Thanks. Twitter will use this to make your timeline better. UndoUndo
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A free speech issue about the substance of speech, though, as question if words have meaning over time. One should think so.
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And question of political status on speech: if meaning means less once become official. To me should amplify it, as no clean slate possible.
End of conversation
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